mrc omaiia daily hee: tuesdav, EEjinrAiiv uuu.
ANTI-FEE I AW KflllXh Vllin '
nUUlljL, LiVU 1 UU1U UIU
Judge Eatello Denies Writ of Mandamus in
the Albjn Frank Caia.
DELIVERS LENGTHY WRITTEN OPINION
IJi-rierk I'lHtik Apiieiim In Court nml
Sin Urn llrniltlly itn (lip I) eel ml nil
In llniiileil Don n Dlut-nt
nf I'olntn.
Tho antl-feo law enacted by the last sen- section 3 as amended read as fol
ton of tho legislature, whereby tho oillco 0VV8. -clerk of the district court, docket
of clerk of tho district court wan placed lnR cacn caUse, 75 cents. Issuing summons,
on a salary basis, hag been declared void. 1 orjcr 0f arrcot, order of attachment, order
Judgo Leo Kstcllo of tho district ucnen
no ruled yesterday In n lengthy written
opinion. This decision wns called forth by
mandamus action instituted Dy uic coumy
commissioners u few weeks ago to compel
Albyn l'rank, ex-clerk of tho district court,
to mako an accounting of the fees of his
office for the laiit three months of his term,
which expired January this year.
Tho hearing was long drawn out and
tedloiiH nnd slnco tho closo of arguments
Judgo Kstcllo has devoted hcvomI days to
nrrlvlng at a conclusion. Judgo Kstcllo an-
ncunced Saturday that ho would render a
decision Monday morning, ami ex-Clerk
I'renk was In court to hear tho results. A
broud smllo Illumined his face when ho heard
tne law declared void. The county attorney
wns not present, ho having been detained
In Judgo Vlnaonhaler'3 court In tho trial of
nnotucr case. When Informed of tho de
cision, ho said ho would appeal to the su
premo court. Krank'n attorneys wcro In
court when tho decision wns handed down.
Within half nn hour after tho news bo-
camo public ndvncatrs of tho antl-feo law
declared that tho next legislature will on-
act n law that will stand tho test. Judgo ,
hole Ics decision Is a voluminous docu- ,
ini-iK. in Buwttanco it renown: clcrk of the glIpreinp court and of tho ev-
.Inilice IiIi-'m DecUloii, oral district courts In this stato shall have
On January 25, 1900, tho county attorney power to nppolnt deputies, nnd deputies of
filed In tho district court n motion for nn the district clerks shall be residents of the
nltcrnatlvo writ of mandamus to compel county In and for which they act. Such tlcp
"Albyn I,. Frank, Into clerk of the district utlcs shall bo sworn faithfully to perform
court, to report to thn county commission- tho duties of their office before they enter
ers, under oath, showing tho fees received upon those duties. " This provision of tho
by him, from whom, nt what tlcno and for ' cotiHtltutlon was under consideration by thn
what service, for the quarter ending Jnnu- supreme court In the cao of Smalls ngalnst
ary 1. 100." This motion was properly , White Itu Neb.. 331, and it was there held
M'pportcd by tho affidavit of l'eter Hofeldt, that "Wbero an act is not completo in It
ono of tho commissioners. The alternative i self, but in Its effect Is simply nnd clearly
w rit was allowed, nnd the hearing wns set j nmendatory of a former statute It falls
for February 0. Tho respondent, by his at- clearly within tho constitutional Inhibition
tomejs, on January 2D filed nn nnswer to nnd Is void." This wns followed by the
the writ. Under the Btntute no other plead-J court again In the case of Sovereign ngalnst
Ings aro reunited. j State, 7th Neb., 110, and thcHe cases lrnvo
It Is claimed by the relator that uudor tho been cited with approval and followed by
laws of Nebraska It wns the duty of tho 1 tho courts ever slnco their rendition. Does
respondent nt the end of each quarter, and
nt the end of his term, to file such state
incnt of fees under oath ns requl 3d.
Tho OhJcctloiiN Arc .Nut li--il
In t lie opinion of tho court It is necessary
to notlco but two of tho objections urged
to this law. In paragraph 8 of tho answer j
It Is alleged that tho act is unconstitutional ,
nnd void, being In violation of a provision
of section 11, artlclo 3, of tho constitution,
as follows:
"No bill shall contain tuoro than one
subject, and tho samo shall bo clearly ex
pressed In Its title."
Respondents further allege that the pttr
portod amendments and nddltlons to original
section 3 are tiouu of them expressed In tho
title; nono of them confined to tho subject
matter, nor gcrmano to the subject matter
of said section 3. Ono portion of the amend
ment to reads as follows:
"Provided further, that If tho commis
sioners think It necessary, snld clerk may
bo allowed one. deputy at s. compensation
tint to exceed one-halt thnt nllowed his prin
cipal; and such other iihslstnuts, nt such
compensation, nnd for such time, ns nforo-t-ald
board may allow. And that none of
snld clerktt, deputies or assistants shall ro
celvo any other compensation than that ac
cruing to their office."
Section 3 was puit of chapter xlx of tho
statutes of 1S67, entitled "Fees," nnd
this restricted tltlo has been retained
until tho present time, and Is now tho
title of chapter xxvlll of tho compiled
BtllttltCB, 180t.
Tho ease of tho Stato ex rel Ora
liiun against Tlbbetts, C2 Nob., page
228 Tho court (Nerval, J.) holds:
That "where tho tltlo to a bill
In to amend nn existing nut or section
thereof, no amendment Is permlsslblo
which 1h not germane to tho subject matter
of tho original act or section amended."
And tho court In tho same enso further
holds that where the title "Is u restricted
nnd limited one, it Is not tho province of tho
court to enlarge or amend it."
Tills has been tho law of tho state over
since Ue admission, nnd the opinion In the
nbovo caso cites the authorities In support
of this doctrine. Reference, is made to that
caso for such uuthoritlcs. Tho question
now Is: Is that portion nf tho amendment
to section 3 germane to tho subject matter
of tho original nct, or section amended?
Tho tltlo to tho chapter as originally passed
wns "Fees;" tho tltlo to tho amendatory
net Is, "An act to amend section 3 of chap
ter xxvlll entitled "Fees" of tho compiled
statutes for tho year 1S97, nnd to repeal said
original section." It will bo seen that tho
original title, "Fees," is still retained. Hy
that portion ot tho nmenilmcnt It Is pro
posed to piovi'te for a deputy and assistants
to the clerk of the district court, to tlx a
limit on the compensation thoy shall re
ceive, and to primarily vest In tho county
eominlsHlouers the power to determlno tho
ncccvBlty of u deputy nnd assistants nnd the
compensation they shall receive, the com
pcnsatlon being, howover, limited to tho
fees of tho office. Hy germane Is, as the
court understands that word, meant ap
proprlatc, relevant or rotated thereto.
Another Miirntlon.
And now rcmaltiH for consideration tho
question, I" tho power to determlno the nc
coaslty of n deputy clork nnd other assistants
to tho clerk of tho district court appropriate
relevant or related to tho "subject matter" of
tho section .amended or to tho tltlo of tho
net? It seems to tbo court that a mere
utatemcnt of tho proposition suggests tho
answer. Who would think of Investigating
an act simply entitled "Fees" for tho pur
pose ot ascertaining whether or not a clcrk
of tho district court was allowed to appoint
ono or morn deputlos, or what If any assist
ant ho should havo for tho purposo of
properly conducting tho business of his
oftlco? Tho coutjt is unable, to sco how this
provision Is germane to either "tho subject
matter of tho original nct or section
amended."
Another contention Is that tho nct Ih un
constitutional nnd void, because In making
"provisions for tho nppolntmcnt of deputies
nnd assistants In tho discretion of tho county
commissioners for such time and for such
compensation as said commissioners may do-
termlne. is nmondntory of section 43, chap-
ter xlx, tltlo "Courts," It vlolotca thnt pro-
WALTHAM WATCHES
The best and most reliable timekeepers
made in this country or in any other.
The " Riverside" vu-mark) movement is jeivelcd
throughout with rubies and sapphires.
Far sate bv
v,,,on ot uon n jrlHc IM' of lho con
stltutlon of Nebraska, which Is as follows: ;
"No law shall be amended unless tho new
ad contains the section or eectlonn so
amended, and the section or sections so
amended shall b repealed."
In considering this proposition It will be
nccesenry to determine whether tho act Is
complete In Itself; If no, It still m'ght stand,
and repeal by Implication the original sec
tion amended. Uy nn Independent net the
court understands that It must be an act
complete In Itself, that unaided by anything
without Its tcrmn It can bo read Intelli
gently; that If every other act In the stat
utes should ho wiped out of existence tho
act would bo a complete and perfect ex
pression of the legislative Intent. This
0f replevin, citation or any mesne process,
nn, nnnR return, BO cents," etc. With- this
not gtandlng alone would anybody be able I
t0 ascertain whether ho was to pay or to
receive this money, nnd Is It not necosmry
t0 rcad In connection with this amended sec
tlon 3 section 1 of chapter xxvlll, title
"iCs." 1893. In order to make clear and
definite tho legislative Intent? Section 1 U
ns follows: "The nalarlcH nnd fees of tho
several officers hereinafter named shall be
nil follows." This Is the entire section. It
5 followed by nectIon 2. which fixes tho fees
nf the clerk of the supremo court, nnd then
follows section 3. which fixes the fees of the
clork of the district court. It seems to the
court that tho net In qtttntlon Is but a Jum-
bio of word, unaided by section 1, above
quoted.
Aini-mliitor.v nt Independent Act.
It was also certainly tho opinion of tho
legislature that tho net wa an amendatory
one, nnd not an Independent act. This Is evi
denced by tho fact that they entitled It: "An
net to amend section 3, etc." Tho court Is
clearly of the opinion that tho act Is not
nn InilnnnnilnHt hill nn 1 m ntl it fl fnr V nnn
DoeB tho nct nm(,m section 13. chapter xlx
mlo "Courts," which Is: "Section 43. Tho
the cafe under consideration come within the
rule laid down In tho above caps? Section
(2, chapter xlx, provides that: "The several
clerks of the district courts shall havo power
to appoint deputies," etc. This power Is
vested In the clerk absolutely, whether It
-' onp onlv or morc- 11 lni,' ' that this
wet ton limits the deputy to one. This court
' ni deeming mai, question, uui mo sec
tlon left It to the absolute discretion of the
clerk, and he had to ask nor obtain no one's
consent. Thcro was a restriction, which was
that "such deputy phouhl bo a resident of
tho county," and before entering upon tho
duties of his office the law required thnt he
should bo sworn. In section II of tho same
nct the clerk was made "llnblo for nil the
official nets of said deputy." What are the
provisions of amended eectlon 3? "If the
county board think necessary said clerk
mny be nllowed ono deputy nt a compensa
tion not to exceed one-half that nllowed
his principal." What Is tho condition prece
dent to tho appointment of n deputy In this
Inst named provision? Clearly tho nfflrma
tlvo notion of tho county board. A declara
tion on their part of the nccewilty for such
deputy. True, tho clerk could select or
name tho deputy to bo nppolnted If the bonrd
saw nt In their discretion to allow lilin so
to do, but this Is clearly n limitation on the
power of the clerk vested In section 43. Tho
legislature has as-turned In thio umctulcd sec
tion 3 to cover tho whole subject mattor of
deputies, having loft the necessity and
compensation to the discretion ot tho hoard,
the compensation being limited to nn ntnnunt
not exceeding one-half thnt allowed hi
principal. It mny be noticed that In section
13 thcro was no limit to the amount of com
pensation a deputy might receive.
1 rii-eoncllitlilc Seel loni.
It Is absolutely Impossible to reconcile
these two sections, and tho legislature hav
ing seen fit to determine tho way In which
tho clerk could appoint a deputy this ex
cludes cvory other conceivable way. If the
county commissioners should fall to declare
that a deputy was necessary then tho clcrk
would bo powerless to appoint a deputy.
Tho court Is of tho opinion that section
3, now under consideration, Is clearly amend-
'itory to section 43 of chapter 19, tltlo
"Courts." Tho act, however, might still
stand without this portion relating to depu
ties, even If such woro declared unconsti
tutional, unless this part of tho act was an
Inducement to the passage of the nct without
which tho legislature would not hnvo passed
It. Wns this part of tho act relating to depu
ties an Inducement to tho passage of the act
without which tho legislature would not havo
passed It? An Inspection of tho nct In Its
entirety and the chapter of which It Is made
n part discloses tho fact that section 1 of
the original act and section 3 as amended
puport to govern and control the office of tho
clerk of tho district court in counties hav
lug nioco than 100.000 Inhabitants. Tho court
will take Judicial notlco of tho fac.t that this
could apply only to Douglas county; that In
tho district court of this county there Is
constantly a large amount of business; that
at tho commencement ot this term thcro was
on the docket over 1,000 civil onsos and about
200 criminal cases. Tho business of tho
clerk's office could not be transacted with
out the aid of at least one deputy and other
assistants. We cannot Imagine how tho leg
islature would ever hnvo attempted to rcgti-
lato and control tho oillco of tho clerk of tho
district court of this county without making
somo provision for a deputy and such other
assistants as might bo necessary In order
that tho business might bo properly and ex
peditiously conducted. It would seem very
strange to provide for tho fees to bo paid
to the clerk, tho amount to bo retained by
htm und n quarterly report of tho fees of an
oillco of tho magnitude of tho oillco of clcrk
of tho district court of Douglas county, and
at no place In tho act '.o provide for any
deputy or other assistants.
Hence, tho court is led to conclude, that
tho part under consideration was nn In
ducement to the pacsage of tho act, without
which tho legislature would never havo
passed It. It follows that tho act Is uncon
stitutional nnd void. Tho writ Is denied.
DeWltt's Witch Haiet Salve Is unequalled
for piles, Injuries nnd skin diseases. It Is
the original Witch Hazel Salve. Beware of
all counterfeits.
all Icwrlers.
jMOORES A POOR MAN'S MAYOR
Lends His Helpful Assistance to Rich and
Poor Alike.
NONE TOO LOW TO HAVE AN AUDIENCE
Why lit In Sat l'onilnr it ltd People
Wild Are In IHnlrt-Nft or -Nocil
1)1 -.In terete. I friendly
AJ vlec.
In Mayor Moorcs' acknowledgment of his
rcnomlnatlon at tho republican city conven
tion ho said: "I claim that 1 am tho poor
man's mayor. I know you when 1 meet you
on tho streets after election as well as bo
forp- nnJ 1 Invito you to como and see me
nl,1 ,c" vour talo of woe, If you havo
one, nnd you will alwajs find mo ready and
anxious to do my very best to nld you."
Thnt this Is no Idle boast Is attested by
everyone In the city hall familiar with the
hordo of people, high and low. who oress
for an audlcnco with tho chief exccutlvo ot
the city nlmost every day of tho week.
Maimed veterans of tho war, unfortunnto
women with helpless children, men out of
employment, havo equal right of way thorc
with sllk-tlled lawyers and welt dressed
business men.
Tho mnyor himself will not tnlk about this
sldo of his cxecutlvo carcor, but employes
ot tho city building, however, nnd men whose
business takes them dally Into tho mayor's
oillco hnvo fow scruples about uncovering
what thoy consider tho soft spot In tho chief
executive's heart. "Every man, woman or
child who ever starts out with n grievance
or un enterprise," rcmnrked ft clcrk In nn
adjacent office, "makes a. beo lino for tho
mayor. Not n day passes but what I seo
'em go by. All havo a hearing und moat
of them get his assistance. They know hs
well as anybody that tbo mayor can't stand
a story of suffering, especially If thcro
nro nny women or children mixed up In It."
I.omk l,Nt of SnpiilliintN.
Ono of tho immedlnto nldes of tho cxecu
tlvo office ndded morc detail to tho story.
"Tho mayor has started countless subscrip
tion lists, he said, "to my personal knowl
edge. You see tho promoters feel that If
they head tho list with the mayor's name
and with the round Bum which they nrc
suro to get they feel that tho rest will bo
clear sailing. Kvery time a colored preacher
starts a mission church, or tho Salvation
army gives n dinner, or any ono of u hundred
other things start up you're suro to sco them
lining up In hero waiting for tho mayor. I
believe tho mayor gives moro in proportion
to his In como than any other man in town.
You remember how he and Chief Rcdoll car
ried through thnt firemen fund nftcr tho
Mercer lire. He Bent out pcrsonnl letters
nil over town nnd got together over $2,500,
even though tho pcoplo had to take care ot
tho First Nebraska nnd Ak-Sar-Den week.
I could give you ft list of dozen of churches,
chnrity fairs, benefit performances and In
dividuals assisted in the last year, but you
know tho mayor wouldn't llko It.
"Tho worst of It Is," concluded the clerk,
"he Inslcts upon looking Into each case
himself. If ho'd turn them over to some
body else they might turn 'em down. The
fact is," the speaker looked around cau
tiously, "he's more generous than ho can
afford."
Work for the WIIIIiik.
Numerous Incidents might bo related ot
employment secured for tradesmen out of
work through tho efforts of Mayor Moorcs.
Ho Is dnily besieged by clerks, crnftsmcn
nnd laborers for advice, each bearing his own
particular burden of sickness or ill fortune.
When tho mayor has nssured himself that
theso cases aro worthy ho personally so
licits employment for his proteges so fHr ns
otticr claims on his time will permit, or In
other casus addrosscs letters of recommen
dation to contractors or manufacturers
which have brought results on countless oc
casions. Ono of tho most curious appeals made to
Mayor Moores occurred somo tlmo ago nnd
biought forth two interesting responses. A
woman writing from Washington nppcaled
to tho mayor to uso his good offices In e"iciii among cerium oi wie om-ume
Becurlng for her a husband. She took the , KCts, who havo gone through such ex
method as a last resort, she said, after eat- I'crimtnts before, that lho cxlstenco of tho
ing tho bread of dependence until It had ho- ' "Kroement will bo Minrt-llved. This belief
como nauseating. Tho writer understood l baHPl1 to " "rtnln extent upon tho time
thnt an exposition wns in progress in Omaha trteclri by the officials for placing tho nbol-
nnd felt suro that somowhere, somehow, her ,
princo charming must ho concealed nmong
the crowds In attendance.
Tho mayor mentioned tho circumstance to
a reporter, withholding, however, tho name '
of tho applicant and shortly afterward a
number of letters wero received at the
executive's office from ollgiblo swulns ,
throughout tho west. Ono written from
Mnnhattan, Kan., read as follows:
ICiiuxnii Wiuitu a Wife.
"Dear Mayor I read a Item In Tho
Omaha Deo that there wero a widow lady
had npplled to you for n husband and that
you went to trubblo to ncomodatOjhcr. I'lese aro aU K0nR n(ter their Bharo of this busl
tako somo moro trubblo nnd hnnd her thH , nesa you can depend on thnt. tn order to
nnd maybco ner sorrers win como to an enu,
for I bellevo greatly that united wo stand
and dividend wo fall. Anyono who makes n
Joke of this will be out tlmo nnd munney. I.
S. If this lady Is gone please hand this to
somo other lady. DENIS SIMAtH."
Another was addressed from Central City
In tho namo ot Frod Hotter, and read as fol
lows: "Mayor of Omaha If that lady in Tho Hee
story hns a friend and It thoy want to bo lho
wives of farmers and stock raisers on a
small scale, I will say that, me and my
nardner nro looking for two good lndy corre
spondents. Wo prefer poor orfant girls, who
will tnnko good wives nnd know how to keop
house. Hoping to hear from you or tho
girls soon, I remain respectfully,
FURD nBTTKR."
Ailvlee Kreely lleHtowed.
Tho mayor Is nlso called upon to lend n
courteous ear to citizens with n slucero de
Hlro to udvlso tho chief cxecutlvo for tho
best Interests of tho city. Ono ot tho most
marked types of this class culled ono day
last week. Ho said that ho represented tho i
pedcstrlons of Omaiia and sought protec
tion against, careless drlvets. Ho had pre
pared on ordlnanco embodying his Ideas,
which ho wished tho mnyor to urgo boforo
tho council. Tho proposed ordlnanco was
to nsstiro tho safety of foot passengers and
provided that drivers of velilclt-s r,f what
ever sort shall blow a whlstlo or ring n
bell twenty feet beforo tie reaches n street
crossing. U was furthermore stipulated
that ench driver decrease his horse's speed
to a walk whonevor ho turns a corner.
Tho mayor endeavored to point out that
tho scheme posscsed somo weal; points; he
asked tho man with the Idea to Imnglno
himself on Sixteenth street, with tho ordi
nnnco In force, each driver on tho crowded
thrroughtaro sounding tho alarm ns ho ap
proached tho crosswalks. Tbo visitor ad
mitted that tho din would bo considerable,
but refused to seo nny humor In tho Idea
and departed to urgo somo couticllmnn to
push till pet measure.
MILLER GIVES HIMSELF UP
Ux-I'rmtdrnt of bc (irnln lirovrerw'
AxHoeliillon In Willing to Slund
Trlnl for Kinliizxliinciit.
P. W. Miller, ex-prtsldent of tho Oraln
Growers' Mutual Hall association, who, with
others, stands charged with cmJicMlcment
In connection with tho management of tho
Insurance concern, has surrendered to tho
police and has been released on bonds of
j.'.OOO. It Is understood that tho other de
fendants will surrender as soon as they aro
absured that bond which they huvo to offer
J wilt be accepted.
BELIEVE PLAN WILL FAIL
Ticket Auentx Think t'oiiiiulnNloiiM
Will lie l'nld Aunln HciiHoim
Ailvanceil for tliiN llellef.
While the Omnha ticket agents nro not
giving general expression to their views on
tho outcome of the recent abolishment of nil
commissions, there is nn undercurrent of
""''" ' " i.i eueci. jusi now
I travel is light, tho Henson being conceded ns
ule " Kar " 0 "inroads.
'or mis reason ino proposal is mei witn ,
considerable Indifference und Inasmuch as It
tmll(i I10t mi,li0 nfarkrd difference In
oH""0 of business it was decided upon ,
B imw
Helatlvo to this matter a well-known
railroad man says: "The arrangement may
possibly last until early In April. Ileyond
that period It cannot hold, lly thnt tlmo tho
Capo Nomo travel, from tho cast to tho west,
which Is likely to nggregnto several thous-
and. will havo set In. nnd tho railroads
do It, they must pay commissions or the '
lion's sharo will bo routed over tho Cana
dian Pacific, which continues to pay com-
missions.
"And then, too, within threo or four 1
mouths 5,000 tickets will bo sold from tho
northwest for tho t'nrls exposition nnd I
hnvo no doubt that all lines will mako a bid
for this traffic. There will bo no advantage
In making special rates. All loads can do
this. Tho only way In which tho roads can
successfully competo for bualncss Is to em
ploy agents to hustlo for It, nnd no ono Ih
better qualllled to io tins man Uic local
ticket agents."
Joint ('oiilt't'fiiee Opcnx,
SPKINGFIKLU, HI., Feb. 10. A Joint con
ferenco of miners und operators began to
day. Herman Justin of Cairn was chowen
chalrmau; W. I), ltyati, secretary-treasurer
of tho Mlno Workers, hccretary, and 12. I.
I Scroggs of Chicago, assistant secretary.
ConimlttccH on rules and credentials were
appointed. Tho miners' scale committee
has not. yet reported. Tho scale will In
crease tho price In the northern Held I cents
In addition to 0 cents for tho cntlro state,
fixed at Indianapolis.
Traction 'oniiun- l'nri'!iiicil.
MIMVAUKKK, Feb. 10. A Journal special
from OuhUosh, Wis., says: It Is statej on
rellablo authority that tho Citizens' Trac
tion company of this city has been purchased
by tho Kmcrson McMillan company of Now
York, ono of tho largest street car syndlcato3
of tho east. Gcorgo J. Houhsch and Otto W.
VnnSchroeder of St. Louis nro tho principal
stockholders. Tho Traction company wns In
corporated nt $r00,000 nnd controls thirty
miles of track. Tho purchaso prlco Is not
given.
It it 1 1 i it ' oIck mill I'erkoiiiiln,
N. 1). Tower, traveling freight ngent
of tho American Refrigerator Transit um
pany at Cedar Rapldx, is In the Htv
W, K. Royster. general ngent. and 8
Sanderson, traveling freight agent, of the
Mohflo (t Ohio nt Kansas City, nro Omnha
Visitors.
Gcm-rul IMsHengpr Agent Rm hunan of
the Klkhorn Is In Hot Springs, S. p . wher
he will Mpemt the week.
II. King, gt-'enrnl muiingi-r of
the Iiiinder Transportation rompam. ( h
does nil the freighting for Wyoming point
west of the Klkhorn's terminus at t'usper
Is In tho elti-.
T. F. Godfrey, city parwnsor ag nt of (ho
Missouri I'aelllf. hns returned from Phil
adelphia, where ho was called nevcr.il
week- nco owing to the serious c-nn licnn
of .Mrs. Godfrey's health. Ills wl' re
mained ut 1'hllndelphlu nnd is slowij lm
proving. A p;ecl,tl train was run over tin- Iltir.
llugton yesterday from Chliag'i t,, Lin
coln, to provide ii-fomotlatiois f.-r tho
eastern delegate to the Nil' Ic n il Ru'icr
makers' convention at I.ltuoltL Hpolnl
oars of huttertrukcrs alwj cume In on tho
I Illinois Central and the Milwaukee
rjA5 -
NO CAUSE FOR COMPLAINT
Board's Ccmmittee Thinks Outlying Diitiic's
Should Ba Content.
CLAIMS GIVEN A THOROUGH INVESTIGATION
Sin In k f Ni'iuiy Four lliimlreil llol
lurM .Monthly to 'I'll i ers In lle
llced to .1 iih ( I f' Sonic In
i'iiiii enleiiee lo I'utroiiN,
The committee appointed by tho Hoard of
i'Mucatloii to look Into the complaints1 made
by outlying tcnool districts has concluded
that sufficient reasons existed for closing
the liu Mings and will -j report to the
bonrd. .Members Maul;, Smith ami Johnson,
comprlsln;? the committee, Indulged in a
twentj-mllo drive yesterday visiting first
tho West Side, tCckerman und Ambler dis
tricts in the extreme nouthwest part of tho
city, tliem-o to Forest school, on Thirteenth
btrcet, near the South Omaha Hue, and
finally to tho Sherman district near Fast
Omaha.
Tho Kckermnn school, which was closed
entirely, previously held ocventeen children,
scattered through six grades, all reciting
In the same room In the fui-hlnn of a coun
try school. Tho Ambler oc-hcol iilso con
tained six grades in lis single room, making
up in all a membership of twenty-seven.
Theso children woro acquiring their educa
tion at nn Individual expunbu to the board
of $.17 yearly, whereas children In other
fvhools are Instructed for $18. Tho tvivlng
olTcctetl Is In tho Items of Janitors' and
teachers' services nnd coal. While the
teachers regularly employed cannot bo dis
charged they woro given places now occu
pied by teachers on the extra list who are
paid hy tho day. Tho total saving effected
by tho changes amounts to J.TJ0 a month,
which tho board looks upon in a Justifica
tion for somo Inconvenience.
Wiihoiin An- t'oinl'ortitlile.
From the Mckerman and Ambler districts
tho children nro transported tn tho
Columbian nnd Windsor schools In com
fortable wagons. Tho committeo examined
these vehicles nnd found them properly en
closed with canvas and perfectly ndetiuato.
Several pupils' wero riuestlonod regarding
their proferonro between riding nnd walking.
In one caso a Third-grader replied: "Hld-
j lug's good enough for me," und othcri
seemed equally well satisfied.
Tho committeo then visited tho West Side
school on Fort -eighth street, south of
I.envcnworth. In this building ono of tho
three rooms was closed nnd tho Sixth nnd
Soventh grades wero sent to tho Columbian
school. Tho committeo found that nono ot
If jon lia? en tn rrkuisr ln-aliliy n orrmeni of the
I ouulii im-ry tUy yon m tkk or n, I lit- )ur
titinoin open nml ln n I orr in llir liupnof
lulunt iMiyni. or I" (ntiu nuvrruus The
iiuuotlicit, cuklCKt ii- i.crff'' ot kccpliiK Uic
towel clear nu4 ck-au 11 lo take
CANDY
cathartic;
trade kUMrt nioisitflfn
I'lPJUn-ll I' "I -lltl.' I'n,,,,', Tl'InltrrH lnllr.A
tiovf-r itvo r lifii or'irlpi- tor i c HI Wr 'a
for
lo. unit tooklrion Ii u-
Atldrtt
Strrllaf IWmtd; I );, IbltlM, Jutrf tt, "t.w Ttk, 33U
KEEP YOUR BLOOD CLEAN
eiSTFOBTHE
BOWELS
To the Readers of
the Bee
who failed to receive a sample cake of
JAP ROSE
TRAtin mark
SOAP
the following particulars of what it is
and what it will do will doubtless be of
interest:
For Toilet and Bath
it is the most approved product of mod
ern soap making.
It is a pure, transparent soap, made
of pure oils, cocoa butter, glycerin ami
delicate perfumes. There is no secret in
its ingredients.
The secret is in the manufacture.
You can wash anything with it. To the tender
skin of "baby" it is a Godsend. To mankind and
womankind in every walk of life it is a comfort and
a blessing.
Kirk makes it.
Dealers
the pupils are obliged to walk moro than one
mile, with the exception of a few Klghth
grndo pupils, who nro given transportation
on tho street cars to tho Mason school.
VImII to South Side,
Tho next district visited was the Forest, In
the extreme Bouth part of the city. Ono
room of the building has been closed and tho
pupils transferred to tho' llnncrott school.
Hero tho complaint was made that tho
teacher was obliged to move her desk Into
the hall nnd thnt pupils suflered Injury to
their eyes through proximity to tho bluck
bonrds. It wns the opinion of tho committee,
however, that thn school was no moro
crowded than others In the central part of
the city, notably the Central nnd tho Kellom.
it wns apparent, howover, that there Is need
for n new building in the south end, and thn
next Improvement will probably be mudo In
that direction.
Tho committeo then drove crobstown to
the Shcrmnn school In tho north bottoms.
Ono room In this building had been dosed,
two remaining open, and eight pupils havo
been sent to tho Saratoga school. Sovernl
of them aro obliged to walk nearly two
miles, nnd provision will bo mado at onco
for their transportation.
It Is believed that the committeo nppolnted
by tho West Sldo Improvement club and
others Interested aro not satisfied with tho
finding ot the school board committeo and It
QRAIN-0! GRIIH-0!
Itemembr that name when you want a
delicious, uppetlzlntr, nourishing food drink
to take the place or coffee. Sold by nil gro
rers and liked by ftll who have used It.
Oraln-O Is made of pure grain, It aids oi
gesttin and strengthens the nrvo. It ll
not a stimulant, but a health bulldor and
the children as well ns the ndult can
drink It with great benefit. Costs about
U as much as coffee. I5o and Vic, per pack
age Ak your grocer for Qraln-O.
The Stock of Slightly Used Pianos-
tieiii-lr nil Kiltl. I'nu Ii.-ii-l'iiIiiu Inti. In-
((iiitlltiK ninny Hltiiitliii'tl nmlit'B ut, mill
greater iPtiticiiotiH. .Mtisi Htii tuning
nt'Xt lew tliiys. Kon't ptil 11 off now Is
Hit' oiipurtmiliy. We Include the follow
In In our tutlt1 IIiIh week: Oiii Hnlo
I'iniKlit t'ltino, $7K -Htiiih, dish, .fi
tr month. One I'priKlit Kint'rson I'liitio,
-lerniK. .SH) citsli. .?."i per inontli. ono
willtl oal; fpiifrlit Whitney I'lnno, prlco
JS1PS- lenns, sio cash. .?s per month.
One t'piiKlit Cabinet Crantl I'luno, high
Kniilo make, price -tei'inn, $15 cnsli,
$8,110 per month. One colli! oak Stand
tint Piano, nearly new. price !?ll7
terms $ir cash, $S pet- month. Fine ma
lioKiiny I 'plight t'ltino, ns (Mod as new,
worth SIloO, only !f'"jr -terms, 15 cash,
Jj-s per month.
A. HOSPE,
Music and Art. 1513 Douglas.
Drex L, Shooman is all right
He's always ilnht-8o nro his iiiIkm's'
kIiocs. He lias spent money ami time In
p-ttliiK n shoe that is tilt ilj;ht ami our
salesmen know how to lit tliein so thnt
they are oimfoiiuhlo to ki'owIdk' feet.
He has a misses' welted solo on tint
wide foot form last that pleases the eye
and makes the feet Kind-made of light
and heavy calf and kid, with spring
heel. The wide rimye In price, $1.75,
ifJ.:X and $-'.,"), on these welted shoes
makes It easy for one to own a pair
there la economy nii't lieaHli In uvery
pair
Drexel Shoe Co.v
auka'a G-tatii lho
U1V FARNAM STREET.
X
sell it.
Is probable that further remonstranco will
be mado at the regulur meeting
"After aoctors failed lo euro me of pneu
mr.r.lft I used Ono Minute Cough Curo and
three bottles ot It cured me. It Is also tho
best remedy on earth for whooping cough.
It cured my grandchildren of tho worst
ccnes," writes John Ilerry, Logunton, P.i.
It Is tho only harmless remedy that gives
Immedlnto results. Cures coughs, colds,
ctoup and throat and lung troubles. Moth
ers endorso It.
RACINE BATH CABINETS
A Turkish Hath in tho Hnclne Hath Cab
inet cqsts but II cents per bath.
For Rheumatism nnd nil blood poisoning
discuses for tho quick curo of colds- -for
tho reduction ot fnt, nothing else Is so
quick nnd powerful Wo have them for $7.S0,
110.00 and $12.00. Write for catalogue.
The Aloe & Penfold Co.,
J IIIH I'liriiiini St., inn li ii.